Montgomery allowed to spend Thanksgiving with family in North Carolina

HAMPTON — The first hours of freedom for Johnathon Montgomery were spent doing simple things.

He made a few phone calls, ate a cheeseburger and bought new clothes from Walmart.

For the first time in four years, he bathed himself without someone watching him.

"I feel good," Montgomery said during a news conference Wednesday. "I'm out of prison — it's good to be out."

Montgomery, 26, was released from Greensville Correctional Center late Tuesday hours after Gov. Bob McDonnell granted him a conditional pardon. Montgomery served four years in prison for a sexual assault he didn't commit. A month ago his accuser admitted she lied in 2008 when she said Montgomery sexually assaulted her. The pardon, granted less than 24 hours after it was filed, allowed for Montgomery's immediate release.

Montgomery was granted permission to leave the area to spend Thanksgiving with his family in North Carolina, according to Ben Pavek, Hampton Deputy Public Defender. He must return to Newport News on Sunday. Montgomery spoke for close to an hour during a news conference at the Hampton Public Defenders Office.

"I can say that the good comes out of the bad and you got to keep fighting, you got to keep telling everybody you know what's right and you know what's wrong, " Montgomery said. "As long as someone is there listening to you — you just got to keep going."

Montgomery arrived at the news conference wearing a brand new long-sleeved navy blue shirt and jeans. He was still wearing his white tennis shoes from prison.

"They're comfortable," he said.

Montgomery left prison Tuesday with a photo album, shower shoes and books. He said it will be weird adjusting to his new life. For the past four years his life has been dictated by someone else. Every day he was awakened by a whistle at 5:30 a.m. for the inmate count. He says it was hard for him to sleep Tuesday night in Newport News, despite the bed being comfortable. He woke up at 6 a.m.

"As soon as I can, I want to check on my driver's license and focus on working," said Montgomery, who has construction skills.

He said he plans to eventually move to North Carolina with his father.

Under a conditional pardon Montgomery must file a "writ of actual innocence" within 30 days of his release. Montgomery is also not allowed to leave the state under the conditional pardon, with the exception of the Thanksgiving pass he was granted. Montgomery will remain on probation. Because the pardon is conditional, Montgomery still had to register as a sex offender.

Montgomery said that requirement doesn't bother him because he's "just glad to be out."

In 2008, Montgomery was convicted of the sexual assault eight years earlier of a 10-year-old girl. Montgomery was 14 at the time the assault was supposed to have occurred. His accuser, Elizabeth Coast, now 22, recanted her testimony last month.

Coast said she made up the story as a way to deflect her parents' anger after she was caught searching for sexually explicit websites online. She explained that she picked Montgomery as her attacker because she knew his family had moved to Florida and she didn't think police would be able to find him. Instead, police tracked him down in Florida and arrested him.

Coast, who worked as a civilian information clerk for the Hampton Police Division, is being charged with perjury. Before Coast came forward, Montgomery was expected to serve another 2 1/2 years on what was originally a 7 1/2-year sentence.

"Finally," said Mishia Woodruff, Montgomery's mother, referring to when she was told Coast recanted her statement. "We knew it all along, she just confirmed it."

Montgomery only mentioned Coast when asked about her directly.

"I won't forget," he said. "I can't forgive her, but I'm thankful she came forward with the truth. It was probably harder for her than it was for me."

Toward the end of the news conference Montgomery turned to thank Pavek for all the work he'd done to get him out of prison.

Pavek took no credit.

"You did it John," he told him, "You survived."

Daily Press reporter Peter Dujardin contributed to this story. Daily Press archive information was used in this story.